Penalties for both businesses were meted out Dec. 18

By Joe Rubino Camera Staff Writer

Posted:
01/08/2014 06:22:40 PM MST

Updated:
01/08/2014 06:22:59 PM MST

Boulder's Bohemian Biergarten will hold a "grand reopening" on Jan. 20 after it finishes serving an 18-day liquor license suspension it received last month following allegations of over-serving and inappropriate behavior at the establishment.

The situation at the Biergarten, 2017 13th St., overlaps with a two-day license suspension that nearby bar Conor O'Neill's, 1922 13th St., finished serving Tuesday after it was penalized by the city's Beverage Licensing Authority for failing to meet conditions of its hotel-restaurant liquor license, officials said.

The authority handed down both suspensions on Dec. 18, according to Mishawn Cook, Boulder's tax and licensing manager.

The misconduct that lead to Biergarten's suspension stemmed from a visit paid by local police officers and state liquor enforcement investigators on Sept. 7, according to city documents.

According to an affidavit filed by Boulder police officer Carlene Hofmann, investigators watched bartenders serve visibly intoxicated patrons at the bar, and were interfered with in their investigation by clearly agitated employees, including a bouncer who was cited for obstructing a peace officer.

In the affidavit, Hofmann noted that Officer Beverly Bookout observed one very drunk male patron physically harassing female customers and, though he was confronted by a bouncer, the male was not removed from the establishment.

"She advised that while she was watching for visibly intoxicated patrons she observed a white male wearing CU scrubs that was walking around grabbing women's breasts. She advised that when she confronted the male she observed a strong odor of alcohol on his breath," the affidavit reads, noting the same bouncer who was cited then approached the male.

"Officer Bookout walked away from the bouncer and the male in scrubs and watched the bouncer talk with the male for about 2 minutes before leaving him. The male was not told to leave the bar and the female was never identified."

According to Cook, the authority found Bohemian Biergarten guilty of three violations: serving visibly intoxicated patrons, and two counts of permitting acts of disorderly conduct on its premises.

The bar was ordered to serve its suspension from Jan. 2 through Jan. 19, Cook said.

"They were not allowed to pay a fine for any of the violations," Cook said, noting the ownership will also be required to appear before the board for its next license renewal.

Representatives with Bohemian Biergarten did not immediately return calls and emails requesting comment on the situation. An outgoing voicemail at the bar said, "We are currently closed until Jan. 20. We'll see you at our grand reopening."

The Conor O'Neill's suspension was based on an investigation that indicated the bar was not serving the right foods during business hours as required by its liquor license, as well as a violation based on unsanitary conditions observed within the establishment, Cook said.

The bar served two days of a seven-day suspension on Monday and Tuesday and paid a $4,953.49 fine in lieu of serving the other five days, Cook said.

Sam Blundell, a manager at the bar, attributed the issue of failing to meet food service requirements of its special hotel/restaurant liquor license to a misreading of the rules. He said the bar offers its full food menu until 10 p.m., and appetizers after, but under the rules is required to serve sandwiches until close as well, which it will now do.

He said the sanitary conditions issue was due to water leaking into the bar's basement following September's flood.

"They felt we should have shut down while that was happening," Blundell said.

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